Postponement - ongoing investigation or prosecution

Slovenia

Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002

VIII. REFUSAL OF CO-OPERATION AND DEFERMENT OF FULFILLING A REQUEST FOR CO-OPERATION

Article 20
(4) If the immediate fulfilment of a request of the Court in the Republic of Slovenia would obstruct a current investigation or prosecution of a matter which is not that to which the request refers, the Ministry, on the proposal of Supreme Court of the Republic of Slovenia or the State Prosecutor's Office of the Republic of Slovenia shall agree with the Court on the deferment of fulfilment.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).